17-1017_SAN DIEGO GAS & ELECTRIC COMPANY_F2a_Agenda ReportTO:
FROM:
SUBMITTED BY:
PREPARED BY :
DATE:
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~njamin Siegel, City Manager
Steve May, Public Works and Utilities Director ,LMA.-
George Alvarez P.E., City Engineer
Paul Meshkin, P.E., Senior Civil Engineer
October 17, 2017
10/17/2017
F2a
Consideration of an Appropriation and Award of a Contract for
Construction of the Del Obispo Street Widening Project between
Paseo De La Paz and Calle Aspero (CIP16102) (Palp Inc., dba
Excel Paving Company); and, Agreement with San Diego Gas &
Electric for Funding of Sidewalk Widening for the Project
RECOMMENDATION:
1. Award a Contract for the Del Obispo Street Widening Project between Paseo De La
Paz and Calle Aspero (CIP16102) to the lowest bidder, Palp Inc., dba Excel Paving
Company, in the amount of $1,499,801; and,
2. Authorize the City Manager to execute the contract and to approve change orders
for a total contract increase amount not to exceed $150,000; and,
3. Increase the Project budget by $547,000 and appropriate that amount from the
Capistrano Circulation Fee Program (CCFP) Fund to supplement the Project budget;
and,
4. Approve and authorize the City Manager to execute an Agreement with San Diego
Gas and Electric (SDG&E) to allow funding of the sidewalk widening on Del Obispo
Street south of Calle Aspero.
EXECUTIVE SUMMARY:
The Del Obispo Street Widening Project between Paseo De La Paz and Calle Aspero
(CIP 16102) was advertised for construction on June 29, 2017, and seven bids were
received on August 31, 2017. The Project area is shown on Attachment 1. Staff
City Council Agenda Report
October 17, 2017
Page 2 of 5
recommends that the City Council award a construction contract (Attachment 2) to the
lowest bidder, Palp Inc., dba Excel Paving Company, in the amount of $1,499,801. It is
also recommended that the City Manager be authorized to approve change orders in an
amount not to exceed $150,000, which is 10% of the base contract amount.
Additionally, an appropriation of $547,000 is needed from the Capistrano Circulation
Fee Program Fund to cover Project costs that are expected to exceed the budget. Of
this total budget, $45,000 would be reimbursed by SDG&E for costs related to their
above ground facilities within the Project area.
DISCUSSION/ANALYSIS :
The design and right-of-way acquisition for the Del Obispo Street Widening Project was
initiated three years ago when, on September 16, 2014, the City Council approved
submittal of a Measure M2 grant application for the Project to the Orange County
Transportation Authority (OCTA). A 50% grant in the amount of $865,930 was then
approved by OCTA, and the City Council subsequently approved an engineering design
contract on November 3, 2105. The City Council reviewed the Project at the Budget
Workshop in May 2016, adopted a Mitigated Negative Declaration for the Project in
March 2017, and most recently approved agreements for acquisition of needed right-of-
way in August 2017.
Below is a summary of the seven bids received, listed in order of bid amount. All of the
bids were complete and responsive to the Notice Inviting Bids, and are valid until
November 29, 2017 (90 days from the bid opening date).
The lowest bid was $1,499,801 submitted by Palp Inc., dba Excel Paving Company.
Staff has checked Excel's Company references, licenses, and payment bonds, and has
received positive feedback on its past performance. A time limit of 300 calendar days
from the date of a Notice to Proceed has been set for completion of construction, with
an expected completion date of July 31 , 2018 . As with most any construction project,
the construction schedule could be extended by weather or discovery of unknown
conditions.
The original budget for the Project was $1,767,550. The total Project costs are expected
to exceed the original projections by an estimated $547,000 because of several factors
listed below:
City Council Agenda Report
October 17, 2017
Page 3 of 5
1. The traffic signal upgrade at Via Vermeulen required additional components not
originally anticipated (new signal controller and underground conduit).
2 . Roadway landscaping south of Calle Aspero was recommended by the Design
Review Committee (DRC).
3. The addition of a previously unanticipated retaining wall at the northerly end of
the Project near Calle Aspero, with a decorative Verdura style wall design as
recommended by the DRC. This style of wall is consistent with retaining walls in
the vicinity of the Project.
4. Native American monitoring and bird nesting monitoring as required by the
Mitigated Negative Declaration.
5. $45 ,000 in expenses to avoid SDG&E facilities, which will be reimbursed by
SDG&E under the agreement described below.
The widening of Del Obispo Street as originally designed would require San Diego Gas
& Electric (SDG&E) to relocate their electrical facilities located on the west side of Del
Obispo Street south of Calle Aspero by about 24 inches in the area shown on
Attachment 3. To relocate these facilities, SDG&E would be required to secure
easements from private property owners at this location ano reconstruct the existing
retaining wall. This could delay construction of the Project by up to 18 months,
jeopardizing the grant funding received from OCT A. As an Alternative, SDG&E has
agreed to pay for moving of the curb to the east to avoid relocation of the electrical
facilities on the west side of the street. The bid amount for this work is $45,144, and
SDG&E has agreed to reimburse the City for any additional costs up to a total amount
of $75,000 . The proposed Agreement (Attachment 4) provides for the obligations of the
City and SDG&E to complete this work at SDG&E's cost.
FISCAL IMPACT:
Below is a summary of the updated Project costs and budget, showing a Project
shortfall of $547,000.
ITEMS AMOUNTS
Construction contract ($1 ,499,801)
1 0% contingency ($ 150,000)
Contract administration and support services * ($ 180,343)
Current unencumbered Project budget $1,238,000
SDG&E payment $ 45,144
Shortfall ($ 547,000)
* Contract Administration includes staff project management, material
testing and inspection services, archeological and Native American
monitoring, and nesting bird survey as required by the Project Mitigated
Negative Declaration.
City Council Agenda Report
October 17, 2017
Page 4 of 5
To cover the anticipated shortfall of $547,000 in construction funding, it is
recommended that the Capistrano Circulation Fee Program (CCFP) be used to
supplement the Project budget. The current CCFP Fund balance is $6.8 million and is
sufficient to cover the budget shortfall. CCFP funds can only be used for roadway
widening and safety related projects, and are not available for maintenance-related
projects such as pavement rehabilitation projects. The total costs of the project,
including design, right-of-way acquisition, and construction, would be $2,314,550. CCFP
would fund $1 ,403,4 76 of the Project costs, SDG&E would fund $45,144 of the Project
costs, and the OCTA grant would fund the remaining $865,930.
If the City Council decides to cancel the project by not awarding the construction
contract, then the City would lose most, if not all, of the $865,930 OCTA grant funds for
Project. If the project is canceled, then the City could re-apply in the future for the
construction phase of the Project only.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration (MND) was adopted for the Project on March 21,
2017, by Resolution No. 17-03-21-04 (Attachment 5). The proposed action is consistent
with the previously adopted MND.
PRIOR CITY COUNCIL REVIEW :
• On August 15, 2017, the City Council approved and authorized the City Manager to
execute agreements for acquisition of real property from adjacent property owners at
32221 and 32151 Del Obispo Street and at 26112 Calle Cobblestone .
• On August 15, 2017, the City Council adopted a resolution vacating a portion of
unneeded right-of-way on Del Obispo Street.
• On July 18, 2017, the City Council adopted a Resolution of Intent declaring the City's
intent to vacate portions of Del Obispo Street right of way at 32151, 32221, and
32351 Del Obispo Street, and setting a public hearing date of August 15, 2017, to
consider the right of way vacation.
• On June 6, 2017, the City Council approved amendments to the Professional
Services Agreements with CNC Engineering Inc. and Property Specialists Inc. to
increase the compensation amounts.
• On March 21, 2017, the City Council adopted a Mitigated Negative Declaration for
the Project from Calle Aspero to Paseo De La Paz, and adopted a resolution
approving the Project.
• On May 23, 2016, at the budget workshop, and at the 75% design phase of the
Project, the City Council reviewed the Project and took no action, allowing the
Project to proceed through completion of design and environmental documentation.
• On November 3, 2015, the City Council approved a Professional Services
Agreement with CNC Engineering to perform professional engineering services to
prepare engineering design, specifications, cost estimates, and environmental
City Council Agenda Report
October 17, 2017
Page 5 of 5
documents for the Project for an amount not to exceed $191,142, which included a
10% contingency.
• On September 16, 2014, the City Council adopted a resolution authorizing
submission of an application for grant funds to OCTA for the Del Obispo Street
Widening Project. ·
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• At its February 14, 2017 , meeting, the Planning Commission held a public hearing
and adopted two resolutions: 1) A resolution recommending that the City Council
Adopt a MND for the Project; and 2) A resolution recommending that the City
Council approve the Project.
• On November 10, 2016, and December 8, 2016, the Project was presented to the
DRC for review and approval of the retaining wall design at the south and north
limits of the Project.
NOTIFICATION :
Palp Inc. dba Excel Paving Company
Los Angeles Engineering Inc.
Beador Construction Company Inc.
GCI Construction Inc.
Hillcrest Contracting
Griffith Company
All American Asphalt
May Hout -OCTA
CNC Engineering Inc.
Property Specialist Inc. (CPSI)
Steve Campbell -SDG&E
Andrew Alday-Gas Company
James McBryde -Cox Communications
Dan Almquist
Dave Mello
Ron and Cindy Taylor
Harry and Nina Falklam
Robert L. Morey
A TTACHMENT(S):
Attachment 1-Location Map
Attachment 2-Construction Contract
Attachment 3-SDG&E Location Map
Attachment 4-SDGE Agreement
Attachment 5-MND Resolution 17-03-21-04
L SA LEGEND
--Project Location
0 175 350
FEET
SOURCE Bing Maps (2014)
1:\C N F 150 1\GISIProjectLocation m xd ( 1/5/2016)
FIGURE 1
ATTACHMENT 1
Del Obispo Street Widening
Project Location Map
Page 1 of 1
00 52 13 -CONTRACT
This CONTRACT, No . is made and entered into this __ day of , ,
by and between City of San Juan Capistrano, sometimes hereinafter called "City," and
Palp Inc, dba Excel Paving Company sometimes hereinafter called
"Contractor."
WITNESSETH : That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in
the Contract, and shall provide all labor, materials, equipment, tools , utility services, and
transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5, below, for the following Project:
DEL OBISPO STREET WIDENING PROJECT CIP 16102
The Contractor and its surety shall be liable to the City for any damages arising as a result of
the Contractor's failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The
Work shall be commenced on the date stated in the Distric's Notice to Proceed. The Contractor
shall complete all Work required by the Contract Documents within 300 calendar days from the
commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor
agrees the time for completion set forth above is adequate and reasonable to complete the
Work.
c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the
performance of the Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of
One million four hundred ninety nine thousand eight hundred one Dollars
($ 1 4 99 80 1 .00 ). Payment shall be made as set forth in the General
Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is
agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.9
for each and every calendar day of delay beyond the time prescribed in the Contract Documents
for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture . In the event
this is not paid, the Contractor agrees the City may deduct that amount from any money due or
that may become due the Contractor under the Contract. This Article does not exclude recovery
of other damages specified in the Contract Documents .
e. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the
following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
61147.02100\20950242 .3 -41-00 52 13-CONTRACT
Attachment 2, Page 1 of 3
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction "Greenbook", latest edition,
Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and
every provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including, but not limited to, the
provisions of the California Labor Code and California Public Contract Code which are
applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth
in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages
in accordance with the Labor Code which such rates shall be made available at the City's
Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be
posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
61147.02100120950242.3 -42-DO 52 13-CONTRACT
Attachment 2, Page 2 of 3
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties,
on the day and year above written.
. Palp Inc. dba Excel P ~vin Com
Name of Contractor
By ______________________________ _
Name and Title: ---------------------
License No .-------------
Date:-------------------
(CONTRACTOR'S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
CITY OF SAN JUAN CAPISTRANO
By~--~~~~~---------Ben Siegel, City Manager
Date:--------------------
Approved as to form this s~ day of ) ef t-e ~ ~ e/ 20_11.-
END OF CONTRACT
61147 .02100\20950242 3 -43-00 52 13-CONTRACT
Attachment 2, Page 3 of 3
ATTACHMENT 3
Page 1 of 1
AGREEMENT BETWEEN THE CITY OF SAN mAN
CAPISTRANO AND SAN DIEGO GAS AND
ELECTRIC
REGARDING PLAN REVISION COSTS ASSOCIATED
WITH CITY OF SAN mAN CAPISTRANO'S DEL
OBISPO WIDENING-CIP NO. 16102
THIS AGREEMENT ("Agreement") is made and entered into effective as of the _day of
-----' 2017 ("Effective Date"}, by and between the CITY OF SAN mAN CAPISTRANO, a
municipal corporation ("City") and SAN DIEGO GAS AND ELECTRIC COMPANY, a corporation
organized and existing under the laws of the state of California ("SDG&E").
RECITALS
WHEREAS, City is pursuing the "Del Obispo Widening Project" for the widening of approximately
4200 feet of Del Obispo Street to improve traffic flow between Calle Aspero and Paseo de la Paz.
("Project");
WHEREAS, the parties determined that the Project would conflict with three of SDG&E's pad-
mounted electric facilities (the "Electric Facilities") located in the Project area;
WHEREAS, pursuant to the effective franchise agreement between City and SDG&E, which is
covered by the Franchise Act of 1937, wherein SDG&E was granted a franchise to transmit and distribute
electricity in the City San Juan Capistrano, SDG&E is required, under the Franchise Act of 1937, to
relocate the facilities, at its expense, to enable the City to complete the Project;
WHEREAS, SDG&E has estimated that it will cost them upwards of $75,000.00 to relocate the
Electric Facilities in the Project area, and has requested that City design and construct the street widening
in a way to avoid the Electric Facilities and alleviate SDG&E's need to relocate the Electric Facilities (the
"Alternative Location");
WHEREAS, City has the prerogative to complete the Project with the Alternative Location,
however, in order to comply with SDG&E's request, the City estimates it would incur additional design
and construction costs of approximately $45,144.00;
WHEREAS, SDG&E is willing to pay the additional design and construction costs for the
Alternative Location with a one-time lump sum payment of $45,144 .00 to cover the City's additional
engineering costs;
WHEREAS, City and SDG&E desire to enter into an agreement to address the additional costs
associated with SDG&E's request for the Alternative Location design;
NOW THEREFORE, in consideration of the above Recitals and the mutual promises contained
herein, the parties agree that City will plan the Project with Alternative Location, that SDG&E shall pay
the additional costs thereof, and to set forth the parties' rights and responsibilities associatedtherewith
1
Attachment 4, Page 1 of 4
AGREEMENT
1. City and SDG&E agree that SDG&E shall pay to City the swn of $45,144.00 ("SDG&E Payment") toward
the City's total cost for the additional design and construction of the Alternative Location. City agrees that it shall
design and construct its Project in the Alternative Location.
2. City shall be responsible for the design and construction of the Project, including the Alternative Location.
Notwithstanding the foregoing, City agrees to work with SDG&E's design engineer and/or other representatives
of SDG&E to ensure that the design and construction specifications for the Alternative Location are consistent with
SDG&E's requested plan revisions. SDG&E shall have the right to inspect these records upon written request to the
City.
3. SDG&E shall promptly pay the SDG&E Payment to the City upon mutual execution of the agreement by
the parties hereto. Notwithstanding anything herein to the contrary, in the event that the City's costs for modifying
and constructing the Alternative Location exceed the SDG&E Payment, SDG&E shall only pay actual additional costs
of up to $29,856 ("Additional Amount"). SDG&E shall only pay any portion of the Additional Amount if City can
provide valid invoices for the cost of such work that exceeds the SDG&E Payment. City acknowledges and agrees
that, upon payment of either the SDG&E Payment or the Additional Amount (if such additional amount is needed
based on invoices), SDG&E shall have no further responsibility or liability for any additional costs incurred by the
City for the Alternative Location or the Project and City shall absorb the additional costs and asswne any additional
risk.
4. If both parties agree that the Alternative Location is no longer needed, this Agreement may be terminated
subject to Section 5. If City does not build its Project or does not build its Project in the Alternative Location, City
shall refund to SDG&E the SDG&E Payment and any Additional Amount in the manner described in Section 5 below.
5. The parties may mutually agree, in writing, to a termination of this Agreement. Within thirty (30) days
following termination under this Section 5, City shall refund to SDG&E any unused portion of the SDG&E Payment
or the Additional Amount, accompanied by a reasonably detailed schedule of costs actually incurred by City for that
portion of the SDG&E Payment or Additional Amount retained by City
6. All notices, demands, requests or other communication required or permitted to be given hereunder
(''Notices") shall be in writing and (i) delivered in person to an officer or duly authorized representative of the
other party, or (ii) sent by First Class United States Mail, postage prepaid to City or SDG&E at the appropriate
address set forth below, or to such other address as City or SDG&E may hereinafter designate by written notices
to the other party. Any such notice shall be deemed duly given upon receipt if delivered as set forth under (i) above,
or, in case of (ii) above, forty-eight (48) hours from the time of mailing if mailed as provided in this section.
SDG&E address for notice
San Diego Gas & Electric
Company 662 Camino De
Los Mares, SD1421
San Clemente, CA 92673
Attn: Steve Campbell
City address for notice:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: George Alvarez, City Engineer
2
Attachment 4, Page 2 of 4
7. The signatories to this Agreement represent and warrant that they have the requisite
authority to enter into this Agreement on behalf of the party for whom they sign.
8. This Agreement shall become effective when executed by all parties and shall continue
in full force until termination as provided for herein or by the mutual written consent of the parties.
9. This Agreement represents the entire understanding of SDG&E and City as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect
with respect to the matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
10. Should any part of this Agreement be held to be invalid by a court of competent
Jurisdiction; the remainder of the Agreement shall be considered as the whole Agreement and be
binding on the contracting parties.
11. This Agreement shall be construed in accordance with and governed by the laws of the
State of California. This Agreement shall be deemed made and entered into in San Diego County,
California, which shall also be deemed to be the sole and proper venue for any action or
proceeding relating to this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
3
Attachment 4, Page 3 of 4
IN WITNESS WHEREOF, the parties executed this Agreement as ofthe date first written above.
CITY OF SAN JUAN CAPISTRANO:
By., ____________ _
Approved as to Form:
BQ~o~~ Jef a linger , City Attorney
4
SAN DIEGO GAS AND ELECTRIC,
a California Corporation:
By. ____________ _
Title:-------------
Attachment 4, Page 4 of 4
RESOLUTION NO . 17-03-21-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING A MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE DEL OBISPO STREET WIDENING
PROJECT (CIP161 02)
WHEREAS, the City's Capital Improvement Program represents an important
mechanism for implementing the goals, policies, and recommendations of the General
Plan, in particular the circulation, safety, parks and recreation, and growth management
policies; and,
WHEREAS, the City has established an administrative policy for developing a
Capital Improvement Program, and the Capital Improvement Program Committee
developed a draft Fiscal Year (FY) 2016-2023 Capital Improvement Program pursuant
to the City's Capital Improvement Guidelines; and,
WHEREAS, among other things, one of the major capital improvement projects
in the draft FY 2016-2023 Capital Improvement Program included the Del Obispo Street
Widening Project (CIP161 02) (the "Project"); and,
WHEREAS, the Del Obispo Street Widening Project (CIP16102) includes the
widening of a portion of Del Obispo Street between Calle Aspero to Paseo de La Paz.
Among other things, the project includes two through lanes in each direction, where in
some sections there is only one, new sidewalk on the west side of the street, new bike
lanes in both directions, new street lights, and the removal of up to six (6) trees on the
northwest side of Del Obispo Street; and,
WHEREAS, on June 21, 2016, the City Council approved the FY 2016-2023
Capital Improvement Program, including the Project; and,
WHEREAS, pursuant to section 21067 of the Public Resources Code, and
section 15367 of the State CEQA Guidelines (Cal. Code Regs ., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed Project; and,
WHEREAS, in accordance with State CEQA Guidelines section 15063 the City
prepared an Initial Study to determine if the Project could have a significant effect on the
environment; and,
WHEREAS, based upon the information contained in the Initial Study, which
concluded that the Project would not have a significant impact on the environment with
mitigation incorporated, the City determined that a Mitigated Negative Declaration
("MND") should be prepared for the Project, and an MND was prepared pursuant to
CEQA and the State CEQA Guidelines; and,
3/21/2017
Attachment 5, Page 1 of 8
WHEREAS, in accordance with State CEQA Guidelines section 15072(b), a
Notice of Intent to Adopt an MND was mailed to all organizations and individuals who
previously requested such notice in writing, and notice was also by way of publication,
posting, or direct mailing consistent with CEQA's req 'uirements; and,
WHEREAS, as required by State CEQA Guidelines section 15072(d), on
November 23, 2016, the Notice of Intent to Adopt an MND was also posted by the Clerk
for the County of Orange; and,
WHEREAS, during the public comment period, copies of the MND and its
technical appendices were available for review and inspection at City Hall and on the
City's website; and,
WHEREAS, pursuant to State CEQA Guidelines section 15073, the MND was
circulated for at least a 30-day review period, from November 28, 2016 through January
9, 2017, during which the City did not receive comment letters; and,
WHEREAS, the MND prepared in connection with the Project sufficiently
analyzes the feasible mitigation measures necessary to avoid or substantially lessen the
Project's potentially significant environmental impacts; and,
WHEREAS, on February 14, 2017, the Planning Commission conducted a duly-
noticed public hearing where members of the public were afforded an opportunity to
comment upon the Project and the MND, and at the conclusion of the hearing, the
Planning Commission adopted a resolution recommending that the City Council adopt
the MND and approve the related Mitigation and Monitoring Program; and,
WHEREAS, the findings and conclusions made by the City Council in this
Resolution are based upon the oral and written evidence presented as well as the
entirety of the administrative record for the Project, which is incorporated herein by
reference. The findings are not based solely on the information provided in this
Resolution; and,
WHEREAS, the MND reflects the independent judgment of the City Council and
is deemed adequate for purposes of making decisions on the merits of the Project; and,
WHEREAS, a Mitigation Monitoring and Reporting Program ("MMRP") has been
prepared for the Project, and is attached hereto as Exhibit "A"; and,
WHEREAS, no comments made in the public hearing conducted by the city
Council, and no additional information submitted to the City Council, has produced
substantial new information requiring substantial revisions that would trigger
recirculation of the MND or additional environmental review of the Project under State
CEQA Guidelines section 15073.5.
2 3/21/2017
Attachment 5, Page 2 of 8
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Juan Capistrano as follows:
Section 1. Recitals. The City Council hereby finds that the foregoing recitals
are true and correct and are incorporated herein as substantive findings of this
Resolution.
Sect ion 2. Compliance with the California Environmental Quality Act. The City
Council has reviewed and considered the information contained in the MND, Initial
Study, comments received, and other documents contained in the administrative record
for the Project. The City Council finds that the MND, Initial Study and administrative
record contain a complete and accurate reporting of the environmental impacts
associated with the Project and that the MND and the Initial Study have been completed
in compliance with CEQA and the State CEQA Guidelines.
Section 3. Findings on Environmental Impacts. Based on the whole record
before it, including the MND, Initial Study, the administrative record and all other written
and oral evidence presented to the City Council, the City Council hereby finds that all
environmental impacts of the Project are either less than significant or can be mitigated
to less than significant levels pursuant to the mitigation measures outlined in the MND,
the Initial Study and the MMRP. The City Council further finds that the MND contains a
complete, objective and accurate reporting of the environmental impacts associated
with the Project and reflects the independent judgment and analysis of the City.
Section 4. Adoption of MND and Approval of MMRP. The City Council of the
City of San Juan Capistrano hereby adopts the Mitigated Negative Declaration for the
Del Obispo Street Widening Project (CIP16102) and approves the Mitigation Monitoring
and Reporting Program for the same, attached hereto as Exhibit "A".
Section 5. Custodian of Records. The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings
are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. The City Clerk is the custodian of the record of
proceedings.
Section 6. Notice of Determination. The City Council hereby directs staff to
prepare, execute, and file a CEQA Notice of Determination with the Orange County
Clerk's Office and the State Office of Planning and Research within five (5) working
days of the approval of this Resolution.
Section 7. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the Resolution which can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution are
severable. The City Council hereby declares that it would have adopted this Resolution
irrespective of the invalidity of any particular portion thereof.
3 3/21/2017
Attachment 5, Page 3 of 8
Section 8. Effective Date. This Resolution shall take effect immediately upon
adoption.
APPROVED AND ADOPTED this 21st day of March 2017.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 17-03-21-04 was duly adopted by the City
Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 21st
day of March 017, by the following vote:
OUNCIL MEMBERS: Reeve, Maryott, Farias and Mayor Ferguson
OUNCIL MEMBERS: Patterson
OUNCIL MEMBERS: None
4 3/21/2017
Attachment 5, Page 4 of 8
Exhibit "A"
Mitigation Monitoring and Reporting Program (MMRP)
5 3/21/2017
Attachment 5, Page 5 of 8
EXHIBIT "A"
MITIGATION MONITORING & REPORTING PROGRAM {MMRP)
Rancho Mission Viejo Riding Park at San Juan Capistrano
Water & Sanitary Sewer Facilities Project
INTRODUCTION
The City of San Juan Capistrano has adopted this Mitigation Monitoring & Reporting
Program (MMRP) in accordance with Public Resources Code (PRC) Section 21081.6 and
Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. The
purpose of the MMRP is to ensure that the proposed project complies with all applicable
environmental mitigation and permit requirements , Mitigation measures for the project
have been adopted by the City's approving body in conjunction with certification of a
Mitigated Negative Declaration (MND}. Those adopted mitigation measures are integrated
into this MMRP.
Within this document, approved mitigation measures are organized and referenced by
subject category (e .g. Biological Resources, Hazards & Hazardous Materials). Each
mitigation measure is provided with a numerical reference. This form also includes
information on the method and timing of verification and the responsible party that will
ensure that each measure is implemented.
For each project subject to the California Environmental Quality Act (CEQA), the Public
Resources Code Section 21 081.6 requires the Lead Agency to monitor performance of
the mitigation measures included in any environmental document to ensure that
implementation does, in fact, take place. The City is the designated lead agency for the
Mitigation Monitoring & Reporting Program and is responsible for review of any monitoring
reports, enforcement actions, and document disposition.
Attachment 5, Page 6 of 8
::t> --Ill
(")
::T
3
CD
:::J -(J1
IJ
Ill co
CD
-....!
0 -00
NO. MmGAnON MEASURE
B i ol oai ca/ Resources
To ensure avoidance of impacts to sensitive resources and potential
jurisdictional habitat associated with the tributary drainage area onsite,
Alternative Alignment 8 for the Recycled Water Line shall be eliminated from
BR-1 I the final project design. The Recycled Water Line shall be constructed using
either Alternative Alignment A or C.
Prior to any construction work, including staging of equipment or materials,
the boundaries of the "Sensitive Resource Area· shall be clearly marked to
ensure that no direct impacts occur to the native habitat or to jurisdictional
BR-2 I resources.
I BR-3
If construction activities are scheduled to occur during the bird nesting
season (February 1 through September 15), a qualified field biologist shall
conduct a nesting survey no more than three days prior to the start of
construction to determine presence. If the biologist finds any nesting birds
within 300 feet of the limits of construction (or nesting raptors within 500 feet),
the biologist shall clearly mark the location of the nest (with staking and flags)
and, if warranted, identify feasible measures to avoid any potential adverse
effects on nesting birds . Appropriate measures may include attenuating
construction noise {through sound-dampening boards or other equipment) to
a level of 60 dBA (as measured in the vicinity of the nest) or otherwise limiting
disturbances within a certain distance of the nest until nesting is complete. If
the level of 60 dBA cannot be achieved, or if the biological monitor otherwise
considers it necessary to avoid potential impacts, the biological monitor shall
be present during construction activities to ensure that nesting birds are not
disturbed. The biological monitor shall have authority to halt any construction
activity determined to be potentially disturbing the nesting of any bird.
Construction may continue when the monitor determines the activity can be
carried out without disruption of nesting, or when the nest is determined to
have fledged or failed.
METH OD OF VERlFICA TION
Plan Check &
Construction
Monitoring
Plan Check &
Construction
Monitoring
Plan Check &
Construction
Monitoring
J TIMI'IGOF
'VERIS'ICATION
Prior to the start of
construction
Prior to the start of
construction.
Prior to the start of
construction
RESPONSIBLE
STAFF
Development
Services
Department-
Planning
Division &
Public Works
Department
Development
Services
Department-
Planning
Division &
Public Works
Department
Development
Services
Department-
Planning
Division &
Building
Division
DATE
COMPI...ETEO
&INJTlAl.S
~ -Q)
0
::::T
3
CJ)
::::::! -(}1
""0
Q) co
CJ)
co
0 -co
NO. MlTlGA.nOtl MEASURE
Prior to approval of final construction plans and specifications for the
proposed pipeline, the City shall submit and will have secured U.S. Fish and
Wildlife Service approval of a Biological Resources Conservation Plan
BR-4 (BRCP) that ensures that construction activities for the proposed pipeline
(and associated meter station and pressure reducing valve) are consistent
with the goals and objectives of the Rancho Mission Viejo Habitat
Conserva ti on Pla n.
Hazards & Hazardous Materials
Prior to any trenching or excavation, the City shall establish and mark the
location of the Kinder Morgan pipeline in the vicinity of the proposed project.
The use of mechanical construction excavation equipment shall not be
HM-permitted within two feet of the alignments of the two Kinder Morgan pipelines
1 that traverse the site (as identified in Kinder Morgan, 2012}. Any activities
that disturb the ground surface within 10 feet of the alignments shall be
monitored by a qualified representative, as determined by Kinder Morgan, of
the owner or operator of the pipelines (Kinder Morgan) . .
-
"'ETHCO OF VERIFICATION
USFWS Approval of
Biological
Resources
Conservation Plan
(BRCP)
Plan Check-Permit
Review & Field
Monitoring
DATE
TIMING OF RESPONSIBLE COMPLETED
VEMICAnOH STAFF & INITIALS
Development
Services
Prior to the start of Department-
construction . Building
Division &
Planning
Division
Development
Services
Department-
Prior to start of Environmental
construction. Adm inistrator
and
Construction
Inspector